01934 528128 contact@thewifi.co

Terms and Conditions

1. Definitions

In this document the following words shall have the following meanings:


1.1 CUSTOMER means any individual, partnership, limited company, charity or organisation that from time to time purchases Services from the Supplier.

1.2 SUPPLIER means The WiFi Company (South West) Ltd.

1.3 SERVICES means the provision of agreed WiFi / broadband services. 

1.5 FEES shall mean all charges and expenses that will by invoiced by the Supplier to the Customer for the Services provided.

1.6 TERMS AND CONDITIONS means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.


2. General

    • This Agreement of Services shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication by the Customer.
    • Any variation to this Agreement of Services shall be inapplicable unless agreed in writing by the Supplier.
    • Nothing in this Agreement of Services shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Services, by virtue of any statute law or regulation.
    • Nothing in this Agreement of Services shall affect the Customer’s statutory rights as a consumer.


3. The Service

3.1 The Customer shall be deemed to have accepted the Agreement of Services by signing and returning this document and placing an order with the Supplier.

3.2 The Supplier will not commence work until the Customer has accepted the T&Cs by signing and returning a copy electronically of the Agreement of Service and setting up required payment terms to commence the Services.

3.3 The Supplier may, at its discretion, commence work prior to receiving written, signed Agreement of Services as defined in 3.2. In these circumstances the Customer agrees that this Agreement of Services shall wholly and solely apply.

3.4 The Supplier shall not be liable for failure to complete the work within the proposed timeline or for any outages that may occur that are outside and beyond his control.


4. Fees

4.1 The fee for the Services is as specified in the contract. 

4.2 Fees are based on the Supplier’s current assessment of costs and are subject to amendment subject to Clause 11 – Cancellation and Termination.

4.3 Payment of the fee for the Services shall be in the manner specified in Section 2.

4.4 The Supplier reserves the right to charge fees on a monthly basis for work carried out as part of the contract.


5. Payment Of Fees

5.1 Payment terms are on receipt of the invoice unless agreed beforehand.


6. Customer Obligations

To enable the Supplier to perform its obligations the Customer shall:


6.1 Keep agreed appointments with the Supplier in order to meet the necessary timescales

6.2 Provide the Supplier with any information reasonably required by the Supplier

6.3 Obtain all necessary permissions and consent which will be required before the commencement of the Services, the cost of which is the sole responsibility of the Customer. In certain circumstances this may include evidence that the Customer holds a specific legal status in respect to a related individual and can make decisions in their best interests. e.g. Enduring Power of Attorney

6.4 Return any equipment owned by the Supplier on termination of the contract

6.5  Comply with such other requirements as may be set out in this Agreement of Services or otherwise agreed between the parties.


7. The Supplier Obligations

7.1 The Supplier shall perform the Services with reasonable skills and care and to a reasonable standard in accordance with recognised standards and codes of practice.

7.2 The Supplier accepts all responsibility to fulfil the Service that is within its’ control, by the agreed timescales and to a satisfactory standard.

7.3 The Supplier is committed to the following Service standards:

  • All information supplied by the Supplier to the Customer will be impartial
  • The Supplier will provide understandable information that will empower an individual to choose the right Service for them
  • Individual and diverse needs will be embraced
  • The information supplied by the Customer will be confidential. No information will be supplied to a third party without the Customer’s expressed permission See clause 8.


8. Confidentiality & Data Protection

8.1  Information disclosed by the Customer will be kept confidential and shared only with relevant staff providing the Service as agreed.

8.2 All information retained by the Supplier will be processed strictly in accordance with the provisions of the Data Protection Act 1998 and its successors. Such information shall be held solely for the purposes of fulfilling the Services.

8.3  The Supplier will not transmit any personal data held on behalf of the Customer except where a) The transfer is a necessary part of the work undertaken to fulfil the contract or b) There is a requirement to do so by operation of the law. For example, if there is a situation where concerns are raised regarding the safety and well-being of the Customer, or for the person for whom the Service is provided.


9. Complaints And Disputes

9.1 The Supplier will always aim to deliver excellence however there may be times when the Customer is not happy with the Service provided by the Supplier. The Supplier has a complaints procedure which sets out the process for making a complaint and the amount of time you should expect to wait for a full response and investigation.  This is available on request.

9.2 If there is a dispute about the interpretation or operation of this contract then the Supplier will make every effort to resolve the dispute when and where it arises, negotiating on the basis of good faith.


10. Limitation Of Liability

10.1 The Supplier undertakes to maintain Public Liability Insurance limited to £1,000,000 for each and every occurrence.

10.2 The Supplier will maintain Employer’s Liability Insurance cover at the appropriate level.

10.3 Nothing in this Agreement of Services shall exclude or limit the liability of the Supplier for death or personal injury. However the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any delay in the work carried out, negligence, breach of contract or otherwise in excess of the price of the Service.

10.4 The Supplier will not be held responsible for third party costs incurred by the Customer for any reason whatsoever.


11. Cancellations & Termination

11.1 The Customer may cancel the Service by notifying the Supplier in writing at the address above giving 30 days’ notice.

11.2 All work undertaken up to receiving cancellation must be paid for within the notice period.

11.3 The Supplier may terminate the Service for any good reason within 14 days, giving written notice to the Customer.

11.4 The Supplier may, at the Customer’s expense charge any costs relating to the winding up of any work being carried out as part of the contract including, but not limited to, fees, court or tribunal costs or any other reasonable third party liabilities.


12. Force Majeure

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.


13. Severance

If any term or provision of this Agreement of Service is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement of Service had been agreed with the invalid, illegal or unenforceable provision eliminated.


14. Governing Law And Jurisdiction

Any disputes or claims arising out of or in connection with this Agreement of Services of Business or the contract shall be governed by and construed in accordance with the law of England and Wales.